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2019 Supreme(Bom) 135

T.V.NALAWADE, SUNIL K.KOTWAL
Latabai Wd/o Raosaheb Deshmukh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
V.Y. Bhide, Adv., A.S. Pavse, Adv., P.N. Kutti, Adv., S.G. Chapalgaonkar, Adv.

JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The petition is filed to challenge the communication dated 10.3.2015 of respondent No. 4 Insurance Company by which it is informed that the claim of the petitioner under Shetkari Janta Apghat Vima Yojna (‘ksrdjh turk vi?kkr foek ;kstuk) is rejected. The Insurance Company has given two reasons for rejection of the claim which are as under:-

(i) On the date of the accident which took place on 28.11.2014 the deceased was riding motorcycle, but he was not holding valid driving licence.

(ii) Alcohol was detected in his body when the post mortem was conducted.

In the same communication, it is informed that the accidental deaths in which aforesaid two circumstances are noticed are not covered by the Government Policy and also by the Insurance Policy.

3. This Court has carefully gone through the scheme prepared by the State Government. First Government Resolution (G.R.) was issued on 19.8.2004 and by it to some extent relief to the families of farmers was given in case of the death of the farmer in the motor vehicle accident, due to snake bite, due to flood and due to strike of lightenin





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